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eBook details

• Title: Louis De Luccy v. City New York
• Author : Supreme Court of New York
• Release Date : January 08, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

When the case was called for trial, counsel for plaintiff sought an adjournment upon the ground of illness. The Trial Justice granted an adjournment for one day and set the case down peremptorily against the plaintiff for the next day with a warning to counsel to get another lawyer to proceed if he could not do so the next day. Counsel for plaintiff was still ill on the following day and when he was unable to appear, the case was dismissed. There is no question about the genuineness of counsel's claim of illness. Respondent concedes that the attorney was ill on the day the case was dismissed. Under the circumstances, it was an improvident exercise of discretion to dismiss the case. (See Vittorino v. City of New York, 22 A.D.2d 883; Hammond v. City of New York, 20 A.D.2d 877; Wellerstein v. Tankleff, 272 App. Div. 831.) Where an adjournment is sought upon the gound of illness of counsel, a court may well direct that substitute counsel be obtained but in such case a reasonable adjournment should be granted to obtain new counsel, who can acquaint himself with the case. No such reasonable adjournment was proffered to plaintiff in this case. A direction to do so in one day was unreasonable.

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